During a divorce, a parent’s greatest concern is usually obtaining custody and how often they will get to see their child. These matters are especially a pressing concern in recent times with the Coronavirus outbreak. Divorced parents who split custody of their children may worry about following the terms of their agreement if it can put their child in harm’s way as a result of the world’s current health situation. However, it is possible to make changes in order to keep children safe. Continue reading below and contact an experienced New Jersey family law attorney to learn more.
How Can Custody be Affected?
Within a custody agreement is usually locations that a child can and cannot go to with their parents. However, the spread of the Coronavirus may make some of these locations no longer safe to go to. It is because of this that many parents may not want to bring their child to their former spouse’s house, especially if they live in a town that is high risk for the virus.
When dealing with these situations, the first thing you should do is to speak directly with your former spouse in an effort to get them to understand these concerns. If they do not and demand that you follow the terms of the custody agreement, it can be tempting to refuse and keep your child at home. However, it is important not to do this, as it can result in legal consequences and negatively impact your custody arrangement in the future.
Instead, the best way to get a former spouse to see your concerns is to show them facts and information provided by official organizations such as the World Health Organization and the Center for Disease Control (CDC). If your spouse still does not agree, you can speak with an attorney to file an Order to Show Cause with the New Jersey courts. This can prompt an emergency hearing where you must prove that an “immediate, inimical and irreparable harm” to your child is present, calling for a modification.
Contact our Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.
